Amendment SSA1-SB523

SENATE SUBSTITUTE AMENDMENT 1, TO 2007 SENATE BILL 523

March 5, 2008 - Offered by Committee on Environment and Natural Resources.

SB523-SSA1,1,12 An Act to repeal 196.98, 281.35 (2) (a), 281.35 (3), 281.35 (8) and 281.35 (10) (a) 4.; to renumber 281.35 (2) (b) and 283.83; to renumber and amend 281.35 (11) (f); to amend 196.49 (2), 281.34 (5) (e) 1., 281.35 (1) (a), 281.35 (1) (b) 2., 281.35 (4) (b) (intro.), 281.35 (5) (a) 13., 281.35 (5) (b), 281.35 (6) (a) (intro.), 281.35 (9) (a), 281.35 (11) (intro.), 281.35 (12) (c), 281.41 (1) (c), 281.94 (1), 281.95 and 281.98 (1); and to create 14.95, 30.208 (3m), 281.34 (5) (dm), 281.343, 281.344, 281.346, 281.348, 281.35 (1) (bm), 281.35 (4) (a) 4., 281.35 (6) (am), 281.35 (9) (d), 281.41 (4), 283.41 (3) and 283.83 (2) of the statutes; relating to: the Great Lakes-St. Lawrence River Basin Water Resources Compact, withdrawals of water from the Great Lakes Basin, water withdrawal and use, water supply planning, water conservation, granting rule-making authority, and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB523-SSA1, s. 1 Section 1. 14.95 of the statutes is created to read:

SB523-SSA1,2,6 14.95 Great Lakes—St. Lawrence River Basin Water Resources Council. (1) There is created a Great Lakes—St. Lawrence River Basin Water Resources Council as specified in s. 281.343 (2) (a). The governor may take such actions as are necessary for the initial organization and operation of the Great Lakes—St. Lawrence River Basin Water Resources Council.

SB523-SSA1,2,15 (2) The governor shall serve as this state's representative on the Great Lakes—St. Lawrence River Basin Water Resources Council. In discharging his or her responsibilities under s. 281.343 (2) and (3), the governor may designate the secretary of natural resources as the governor's alternate to attend all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council and to vote at all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council in the absence of the governor. Any designee other than the secretary of natural resources shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

SB523-SSA1,2,21 (3) In discharging his or her responsibilities under s. 281.343 (2) and (3), the governor may appoint an advisor to attend all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council and its committees. The governor's advisor may not vote at meetings of the council. If the governor appoints an advisor, the governor shall appoint an individual with knowledge of and experience with Great Lakes water management issues.

SB523-SSA1,2,25 (3m) (a) In this subsection, "standard of review and decision" means the exception standard under s. 281.343 (4n) (d), the decision-making standard under s. 281.343 (4r), and reviews under s. 281.343 (4) to (4z) that do not deal solely with the internal management of the council.

SB523-SSA1,3,25 (b) Before voting on a rule or regulation under s. 281.343 (3) (c) 1. for the implementation or enforcement of regional review under s. 281.343 (4h), the exception standard under s. 281.343 (4n) (d), or the decision-making standard under s. 281.343 (4r), other than a rule or regulation that deals solely with the internal management of the council or its property, or on a regulation under s. 281.343 (3) (a) 2. that amends the standard of review and decision, the governor or his or her alternate shall submit the proposed rule or regulation to the joint committee on legislative organization. The governor or his or her alternate may not vote on the rule or regulation before the 30th day after the date of submission. If the cochairpersons of the committee do not notify the governor or his or her alternate within 30 days after the date of the submission that the committee has scheduled a meeting for the purpose of reviewing the proposed rule or regulation, the governor or his or her alternate may vote on the proposed rule or regulation. If, within 30 days after the date of the submission by the governor or his or her alternate, the cochairpersons of the committee notify the governor or his or her alternate that the committee has scheduled a meeting for the purpose of reviewing the proposed rule or regulation, the governor or his or her alternate may not vote on the proposed rule or regulation before the 60th day after the date of submission. If, within 60 days after the date of submission, the committee does not object to the rule or regulation, the governor or his or her alternate may vote on the proposed rule or regulation. If, within 30 days after the date of submission, the cochairpersons notify the governor or his or her alternate that the committee has scheduled a meeting for the purpose of reviewing the proposed rule or regulation and, within 60 days after the date of submission, the committee objects to the proposed rule or regulation, the governor or his or her alternate may not vote on the proposed rule or regulation.

SB523-SSA1, s. 4 Section 4. 30.208 (3m) of the statutes is created to read:

SB523-SSA1,4,8 30.208 (3m) Notice to downstream communities. When the department receives an application for an individual permit under s. 30.12 for a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the application to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

SB523-SSA1, s. 5 Section 5. 196.49 (2) of the statutes is amended to read:

SB523-SSA1,4,25 196.49 (2) No public utility may begin the construction, installation or operation of any new plant, equipment, property or facility, nor the construction or installation of any extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities unless the public utility has complied with any applicable rule or order of the commission and with s. 281.35, if applicable. If a cooperative association has been incorporated under ch. 185 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.

SB523-SSA1, s. 6 Section 6. 196.98 of the statutes is repealed.

SB523-SSA1, s. 7 Section 7. 281.34 (5) (dm) of the statutes is created to read:

SB523-SSA1,5,6 281.34 (5) (dm) Water supply service area plan. If a proposed high capacity well is covered by an approved water supply service area plan under s. 281.348, the department may not approve the high capacity well unless it is consistent with that plan.

SB523-SSA1, s. 8 Section 8. 281.34 (5) (e) 1. of the statutes is amended to read:

SB523-SSA1,5,10 281.34 (5) (e) 1. If s. 281.35 (4) applies to a proposed high capacity well, the department shall include in the approval conditions that ensure that the high capacity well complies with s. 281.35 (4) to (6).

SB523-SSA1, s. 9 Section 9. 281.343 of the statutes is created to read:

SB523-SSA1,5,15 281.343 Great Lakes—St. Lawrence River Basin Water Resources Compact. (1) Ratification. The Great Lakes—St. Lawrence River Basin Water Resources Compact, contained in subs. (1e) to (9), is ratified and approved, as implemented and interpreted in ss. 14.95, 281.346, and 281.348.

SB523-SSA1,5,16 (1e) Definitions. In this section, except as otherwise required by the context:

SB523-SSA1,5,21 (a) "Adaptive management" means a water resources management system that provides a systematic process for evaluation, monitoring, and learning from the outcomes of operational programs and adjustment of policies, plans, and programs based on experience and the evolution of scientific knowledge concerning water resources and water dependent natural resources.

SB523-SSA1,5,23 (am) "Agreement" means the Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement.

SB523-SSA1,6,3 (b) "Applicant" means a person who is required to submit a proposal that is subject to management and regulation under this compact. "Application" has a corresponding meaning.

SB523-SSA1,6,6 (c) "Basin" or "Great Lakes—St. Lawrence River Basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec within the jurisdiction of the parties.

SB523-SSA1,6,9 (cm) "Basin ecosystem" or "Great Lakes—St. Lawrence River Basin ecosystem" means the interacting components of air, land, water, and living organisms, including humankind, within the basin.

SB523-SSA1,6,12 (d) "Community within a straddling county" means any incorporated city, town, or the equivalent thereof, that is located outside the basin but wholly within a county that lies partly within the basin and that is not a straddling community.

SB523-SSA1,6,13 (dm) "Compact" means this compact.

SB523-SSA1,6,16 (e) "Consumptive use" means that portion of the water withdrawn or withheld from the basin that is lost or otherwise not returned to the basin due to evaporation, incorporation into products, or other processes.

SB523-SSA1,6,18 (em) "Council" means the Great Lakes—St. Lawrence River Basin Water Resources Council, created by this compact.

SB523-SSA1,6,20 (f) "Council review" means the collective review by the council members as described in subs. (4) to (4z).

SB523-SSA1,6,23 (fm) "County" means the largest territorial division for local government in a state. The county boundaries shall be defined as those boundaries that exist as of December 13, 2005.

SB523-SSA1,7,5 (g) "Cumulative impacts" means the impact on the basin ecosystem that results from incremental effects of all aspects of a withdrawal, diversion, or consumptive use in addition to other past, present, and reasonably foreseeable future withdrawals, diversions, and consumptive uses regardless of who undertakes the other withdrawals, diversions, and consumptive uses. Cumulative impacts can result from individually minor but collectively significant withdrawals, diversions, and consumptive uses taking place over a period of time.

SB523-SSA1,7,8 (gm) "Decision-making standard" means the decision-making standard established by sub. (4r) for proposals subject to management and regulation in sub. (4p).

SB523-SSA1,7,15 (h) "Diversion" means a transfer of water from the basin into another watershed, or from the watershed of one of the Great Lakes into that of another by any means of transfer, including but not limited to a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, a tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the basin or watershed. "Divert" has a corresponding meaning.

SB523-SSA1,7,25 (i) "Environmentally sound and economically feasible water conservation measures" mean those measures, methods, technologies, or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use, or diversion that are environmentally sound, reflect best practices applicable to the water use sector, are technically feasible and available, are economically feasible and cost-effective based on an analysis that considers direct and avoided economic and environmental costs, and consider the particular facilities and processes involved, taking into account the environmental impact, age of equipment and facilities involved, the processes employed, energy impacts, and other appropriate factors.

SB523-SSA1,8,2 (im) "Exception" means a transfer of water that is excepted under sub. (4n) from the prohibition against diversions in sub. (4m).

SB523-SSA1,8,4 (j) "Exception standard" means the standard for exceptions established in sub. (4n) (d).

SB523-SSA1,8,6 (jm) "Intrabasin transfer" means the transfer of water from the watershed of one of the Great Lakes into the watershed of another Great Lake.

SB523-SSA1,8,8 (k) "Measures" means any legislation, law, regulation, directive, requirement, guideline, program, policy, administrative practice, or other procedure.

SB523-SSA1,8,11 (km) "New or increased diversion" means a new diversion, an increase in an existing diversion, or the alteration of an existing withdrawal so that it becomes a diversion.

SB523-SSA1,8,14 (L) "New or increased withdrawal or consumptive use" means a new withdrawal or consumptive use or an increase in an existing withdrawal or consumptive use.

SB523-SSA1,8,16 (Lm) "Originating party" means the party within whose jurisdiction an application or registration is made or required.

SB523-SSA1,8,17 (n) "Party" means a state that is a party to this compact.

SB523-SSA1,8,21 (nm) "Person" means a human being or a legal person, including a government or a nongovernmental organization, including any scientific, professional, business, nonprofit, or public interest organization or association that is neither affiliated with, nor under the direction of a government.

SB523-SSA1,8,24 (o) 1. "Product" means something produced in the basin by human or mechanical effort or through agricultural processes and used in manufacturing, commercial, or other processes or intended for intermediate or end use consumers.

SB523-SSA1,9,2 2. Water used as part of the packaging of a product shall be considered to be part of the product.

SB523-SSA1,9,5 3. Other than water used as part of the packaging of a product, water that is used primarily to transport materials in or out of the basin is not a product or part of a product.

SB523-SSA1,9,7 4. Except as provided in subd. 2., water that is transferred as part of a public or private supply is not a product or part of a product.

SB523-SSA1,9,9 5. Water in its natural state such as in lakes, rivers, reservoirs, aquifers, or water basins is not a product.

SB523-SSA1,9,11 (om) "Proposal" means a withdrawal, diversion, or consumptive use of water that is subject to this compact.

SB523-SSA1,9,12 (p) "Province" means Ontario or Quebec.

SB523-SSA1,9,18 (pm) "Public water supply purposes" means water distributed to the public through a physically connected system of treatment, storage, and distribution facilities serving a group of largely residential customers that may also serve industrial, commercial, and other institutional operators. Water withdrawn directly from the basin and not through such a system shall not be considered to be used for public water supply purposes.

SB523-SSA1,9,20 (q) "Regional body" means the members of the council and the premiers of Ontario and Quebec or their designee as established by the agreement.

SB523-SSA1,9,22 (qm) "Regional review" means the collective review by the regional body as described in sub. (4h).

SB523-SSA1,9,25 (r) "Source watershed" means the watershed from which a withdrawal originates. If water is withdrawn directly from a Great Lake or from the St. Lawrence River, then the source watershed shall be considered to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively. If water is withdrawn from the watershed of a stream that is a direct tributary to a Great Lake or a direct tributary to the St. Lawrence River, then the source watershed shall be considered to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively, with a preference to the direct tributary stream watershed from which it was withdrawn.

SB523-SSA1,10,8 (rm) "Standard of review and decision" means the exception standard, decision-making standard, and reviews as outlined in subs. (4) to (4z).

SB523-SSA1,10,10 (s) "State" means one of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, or Wisconsin or the Commonwealth of Pennsylvania.

SB523-SSA1,10,14 (t) "Straddling community" means any incorporated city, town, or the equivalent thereof, wholly within any county that lies partly or completely within the basin, whose corporate boundary existing as of the effective date of this compact is partly within the basin or partly within 2 Great Lakes watersheds.

SB523-SSA1,10,18 (u) "Technical review" means a detailed review conducted to determine whether or not a proposal that requires regional review under this compact meets the standard of review and decision following procedures and guidelines as set out in this compact.

SB523-SSA1,10,19 (v) "Water" means groundwater or surface water contained within the basin.

SB523-SSA1,10,21 (w) "Water dependent natural resources" means the interacting components of land, water, and living organisms affected by the waters of the basin.

SB523-SSA1,10,24 (x) "Waters of the basin" or "basin water" means the Great Lakes and all streams, rivers, lakes, connecting channels, and other bodies of water, including tributary groundwater, within the basin.

SB523-SSA1,11,2 (y) "Withdrawal" means the taking of water from surface water or groundwater. "Withdraw" has a corresponding meaning.

SB523-SSA1,11,4 (1m) Findings and purposes. The legislative bodies of the respective parties hereby find and declare:

SB523-SSA1,11,5 (a) Findings:

SB523-SSA1,11,7 1. The waters of the basin are precious public natural resources shared and held in trust by the states;

SB523-SSA1,11,9 2. The waters of the basin are interconnected and part of a single hydrologic system;

SB523-SSA1,11,16 3. The waters of the basin can concurrently serve multiple uses. Such multiple uses include municipal, public, industrial, commercial, agriculture, mining, navigation, energy development and production, recreation, the subsistence, economic, and cultural activities of native peoples, water quality maintenance, and the maintenance of fish and wildlife habitat and a balanced ecosystem. And, other purposes are encouraged, recognizing that such uses are interdependent and must be balanced;

SB523-SSA1,11,19 4. Future diversions and consumptive uses of basin water resources have the potential to significantly impact the environment, economy, and welfare of the Great Lakes—St. Lawrence River region;

SB523-SSA1,11,21 5. Continued sustainable, accessible, and adequate water supplies for the people and economy of the basin are of vital importance; and

SB523-SSA1,12,2 6. The parties have a shared duty to protect, conserve, restore, improve, and manage the renewable but finite waters of the basin for the use, benefit, and enjoyment of all their citizens, including generations yet to come. The most effective means of protecting, conserving, restoring, improving, and managing the basin waters is through the joint pursuit of unified and cooperative principles, policies, and programs mutually agreed upon, enacted, and adhered to by all parties.

SB523-SSA1,12,3 (b) Purposes:

SB523-SSA1,12,8 1. To act together to protect, conserve, restore, improve, and effectively manage the waters and water dependent natural resources of the basin under appropriate arrangements for intergovernmental cooperation and consultation because current lack of full scientific certainty should not be used as a reason for postponing measures to protect the basin ecosystem;

SB523-SSA1,12,9 2. To remove causes of present and future controversies;

SB523-SSA1,12,11 3. To provide for cooperative planning and action by the parties with respect to such water resources;

SB523-SSA1,12,14 4. To facilitate consistent approaches to water management across the basin while retaining state management authority over water management decisions within the basin;

SB523-SSA1,12,18 5. To facilitate the exchange of data, strengthen the scientific information base upon which decisions are made, and engage in consultation on the potential effects of proposed withdrawals and losses on the waters and water dependent natural resources of the basin;

SB523-SSA1,12,20 6. To prevent significant adverse impacts of withdrawals and losses on the basin's ecosystems and watersheds;

SB523-SSA1,12,21 7. To promote interstate and state-provincial comity; and

SB523-SSA1,12,25 8. To promote an adaptive management approach to the conservation and management of basin water resources that recognizes, considers, and provides adjustments for the uncertainties in, and evolution of, scientific knowledge concerning the basin's waters and water dependent natural resources.

SB523-SSA1,13,3 (1s) Science. (a) The parties commit to provide leadership for the development of a collaborative strategy with other regional partners to strengthen the scientific basis for sound water management decision making under this compact.

SB523-SSA1,13,5 (b) The strategy shall guide the collection and application of scientific information to support:

SB523-SSA1,13,8 1. An improved understanding of the individual and cumulative impacts of withdrawals from various locations and water sources on the basin ecosystem and to develop a mechanism by which impacts of withdrawals may be assessed;

SB523-SSA1,13,10 2. The periodic assessment of cumulative impacts of withdrawals, diversions, and consumptive uses on a Great Lake and St. Lawrence River watershed basis;

SB523-SSA1,13,11 3. Improved scientific understanding of the waters of the basin;